Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-06-12

- We eHto5Ue2R IAAe oet yo412 80
On Aoms Of the same qusstic1a O0a-
sider the age Of tse by and several OF
theas wit1esses- Several Of them are
t01ag psople. Consider a1y m5tIVss
th-y NV have. and the story told bJ
N n Take Mr. McRe3mond. Mr.. Ftz
hsnrv an1 Others - 70 the time thes
sac Mr.. Miller here: Ara they correetg
Are thsy mistaksn7 Do they nean 20
lie 20 yoa about n7 Il is Q wiilfal mis
statsmsat Of fsess. Rsntlensn. that jas
TINS q jary ia.Ksisesine the tsstimoay
Of witness IL Mrs Bar
fsughs saw defendant pass WIllog
Point in his boat st or about $50
O'Clock, ce1li be have been here before
1850. as they sayl Il No ons mistaken
- 10 ths timer Il il ptooRbls thai Dc
fendant could have pissed Smith.
Point before Smith aud Waite left aud
shey not see himl Would Martin have
ssen him II be had come over befsre ne
left for SsattleS Aad Nelson an3 Ssigle.
are they mistaken OF falss as to the
time they say they say him on the
rosd1 When M.R sdmona says there
Was no gathering Of Chinese or sJldiers
abSns the court house here az tue time
be saw the defendant here. does th n
show or teod to show that when be sI1
ths defendant bsre il vas sitter the pso-
pie, soldiers or Chinese bad gons % the
uharf? II, when be saw defendant on
the street afterwards, 10 vas an hour or
an hour and a halt before, or in that
vicinity, then vas she shooting at 1880
o'clock, as testified to by Osawsordf
D1ea his testimony and that OF Judge
Green and MsGraW satisfy y0a that
MsRedmond vas mistaken as to Sue
time whsu be say the defendant, or are
they mistaken. or can you reconcile
their statem0nts with each otheTf Or
10 il trae that IL the WITNESSES on the
part OF the defense, or any OF them,
nav to correct as to the tins they tes
tilted about, is IL still true that their
statensnts are consistent With the the
orr that the defendant killed Q Ilmsn
that moFning7 Or, is thai conclusion
perhaps, pertinent and may aid you in
arriving ct the truth
In testing the testimsNF or statemsnts
OF q witness, you will take into consid-
Grafton the appearance aud manner or
the witness, and Of each OF the Wit
nesses, or the witness stand. Any mo-
tives a witness may have hAd, or 10
shown to have bad, or interest, II any,
shown TO have had By the witness,
reasonable or unreasonableness in his
story, the msnosr in which 1t il given,
and the facts be tsstiiss to, his intelli
gence or want Of intelligeHee, his msans
Of kaowIsdge. Tue fact is, gentlemen,
when q witness il out On the witness
stand the person Of the witness himself
and bis manner is as much evidence a.
anything he says. and you are to judge
OF him as be appears before you.
Same tes,im 1ny has been given here
TO show that some witnesses have made
statements elsewhere diff sring from the
statements made before you here. Bear
in mind the rule have given you, that
il q witness has willfully sworn falsely
upon any material point, YOU will be
allowed to reject the entire testimony
Of the witness as unreliable, unless COR
roboFated By other facts IN evidence.
The fact that q witness is an Amsri-
can, or an Irishman, or q Gsrmaa, OF
any other nationality, has nothing to
do with the weight you SD Ill give to his
evidences. The fact that the witness lie
an Indian has no greater or less effect
The simple question IL: Has he told the
TRUTH Without reference to his blood
or nationality. The only question is:
Has the witness told the trGth2 And
the rules by which yod will test q wit
ness are the same without reference to
what nationality or race he belongs to.
Were witness is proven to have
made contradictory statements as to
facts to which be testifiss it goes also to
his credibility. II he is not mistaken or
has not forgotten, thea the question is,
Does he mean to N AXE false state ment
to YOU here about facts which are mater
ial? II you fiud that such witness has
willfully testifi d falsely as to any ma
terial fact, as | have already said t.
YOU, YOU are at liberty to rel set toe
testimony Of sush witness entirely. Bot
il ia net every statement of Witness
that goes to that extent. EKperieno-
teaches that Q trathfal am in relating
circumstances, in detailing facts at diff
ferent times, considerable d s amos of
time apart, will not always and invaria-
bly, use the same words or tell thu same
facts in exactly the sans way. HIS re
collection may be different at different
times. He may be mistaken, he IN ~
have forgotten, and the Law rec1gn'Z s
these infirmities Of our nature when Il
N axes the rule have given you, that
10 order to impeaeh witness By show
ing that he has testified falsely, and
suoh showing il attempted to be made
by testimony that he has made state
ments out of Court, or testiti d else
were differently from Vhat be has tes
titled bsfore you, il is necessary that 1t
should appear that he has done so will
fully aud pnrposely relating 20 q m lter-
isl fact.
II is claimed on the part Of the prose-
cutiou that on the part of the d ,fense
an attempt has been made to cover ap
or hide N Aterial facts and conosal some
evidence or instruments OF evidences,
an so me evidence has bsen of srred TO
prove suoa TO be the esse. Gentlemen,
il YOU fud frsm the evidence that this
il true, il is a material fact for you TO
consider as Affecting ths guilt or limo
ceuce Of the defendant.
Esidence Of a witness as to the par
tiouIar fact or facts which may have
been satisfactorily shown to you not TO
exist at all, or TO be materially different
from the fact as testified to by the Vit
ness, is to be weighed and governed,
considered or reisoted by the same rule
that l have given You as 10 witness
making contradictory statements.
A material fact, gentlemen, is one
that relates to the issue here 70 be de-
termined, and every fact that 30 relates
to the issue here 10 be determined is a
material fact.
II is very seldom, gentlemen. that cir
cumstantial proof IN a criminal case is
what NAV be called q chain Of facts. IL
is generally prominent fact or facts
sticking up, as IL we're, in 0ne place,
pointing in one direction, and another
or others IN another place. pointing In
the same direction, forming 3 group Of
facts rather than q chain. You will
carefully and conscientiously consider
the whole group OF facts in evidence.
and IL a. to any one of them q witness
has villfuily sworn falsely, and that
fact is 9 material one, the rule | have
given yon IL applicable 10 sach witness.
Il is your duty to consider the entire
evidence and the testimony OF each asd
all the witnesses. and you are the eK
elusive judges Of the facts and the evil
dence.
As TO what may hive occurred, gentle
men. while you we're being taken oas TO
ths locality of the crime. or while there
or on the retnrn, ysu will taKs your own
recollection IS to what You saw and as
TO what occurred. IL the counsel on